The Perils of Politicized Law Enforcement
Plus, police search for hit-and-run driver, and school board considers tax measure.
Former State Attorney Andrew Warren is making the media rounds as he mulls whether to seek re-election to the post from which he was ousted by Gov. Ron DeSantis. His decision is connected to a web of political events. Read all about it in today’s column, Connecting the Dots.
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TOP NEWS
Hillsborough school board hesitates on property tax referendum. Tampa Bay Times $
2nd flight bringing people fleeing from Israel arrives at Tampa International today. ABC Action News
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City of Tampa takes next step toward improving transit between USF and downtown. The Oracle
Migrants from some countries wait months for employment permit — while others can work right away. WUSF
Gun-related homicides are on the rise in Tampa. Axios
The future of Florida judicial districts was to be discussed in secret. Not anymore. Tampa Bay Times $
Another front arrives by this weekend. Spectrum Bay News 9
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Hit and Run: Tampa police are investigating the death of man near the Shrimp Docs, 2600 block of Causeway Blvd., on Oct. 16 between 12-6:30 a.m., according to Officer Stefon Filer. Police found the deceased male on the southbound shoulder of the highway, near the bike lane. A blue Huffy bicycle and several pieces of vehicle debris were also nearby. The victim was identified and next-of-kin was notified. Officers are actively searching for the vehicle and suspect involved. The color of the vehicle is unknown, but police believe it is a 2016-2019 Honda Civic with front end passenger side damage (headlight and side marker). Anyone with information that could assist in the investigation is encouraged to contact Tampa police at 813-231-6130 or submit an anonymous tip via Crime Stoppers of Tampa Bay at 800-873-TIPS (8477).
Discounts for Outdoorspeople: Now through Jan. 13, 2024, the price of Florida State Parks annual passes for families and individuals and Florida Fish and Wildlife Conservation Commission annual Gold Sportsmen hunting and fishing licenses will be reduced by 50 percent for Floridians. It’s part of the Great Outdoors Initiative that encourages state residents to go outdoors and explore Florida’s natural resources, such as state parks, recreation areas, and waterways. Learn more or purchase a pass or license. To find a park near you, visit: FloridaStateParks.org. To find more information about fishing and hunting licenses in Florida, visit: MyFWC.com/License/Recreational.
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CONNECTING THE DOTS
The Perils of Politicized Law Enforcement
By Stephen Buel
Last Friday, a procession of law enforcement officials trudged to Tampa to denounce a transparently political proposal to populate Florida’s judicial circuits with more Republican prosecutors.
The proposal could affect the political fortunes of former states attorney Andrew Warren, who was ousted by Ron DeSantis at the beginning of the governor’s politically visible “war on woke.”
The governor punished Warren for joining a slate of progressive prosecutors in signing two explicitly political letters vowing not to enforce laws that criminalized abortion or transgender healthcare.
Regardless of one’s politics, I believe this bipartisan saga exposes the perils of politicized law enforcement.
Florida’s new court-packing plan originated with a June letter to the state supreme court from GOP House Speaker Paul Renner. The Northeast Florida lawmaker says consolidating state judicial districts could lead to greater efficiencies and uniformity. Yet speaker after speaker at Friday’s hearing denounced his proposal as impractical and unwise.
Consolidating Florida’s courts might be administratively unwise, but from a partisan political standpoint, it’s genius. By adding rural counties to urban judicial districts, the proposal could flip control of states attorney’s offices to the GOP in counties such as Hillsborough, Leon, and Orange. It looks like judicial gerrymandering.
Perhaps not coincidentally, that’s exactly what DeSantis did when he fired Warren and Orlando-area State Attorney Monique Worrell and replaced them with conservatives.
Now it appears that the success or failure of court consolidation could affect whether Warren seeks re-election to the post from which he was ousted. In Sunday’s Tampa Bay Times, Warren told correspondent William March that he sees the plan as an effort to keep a Democrat such as himself from winning election in Hillsborough County.
I agree with Warren about Florida’s abortion and transgender healthcare laws. But DeSantis was right about Warren’s written proclamation that he would not enforce those laws.
The two letters that cost Warren his job were signed by a Who’s Who of big city progressive prosecutors, including George Gascón in Los Angeles, whom I know and admire; Alvin Bragg and his replacement Letitia James in New York, best known for prosecuting Donald J. Trump; and Chesa Boudin in San Francisco, whose constituents thought so little of his vows not to enforce certain laws that they recalled him from office.
Both letters advanced political arguments I wholeheartedly agree with. On abortion: “Enforcing abortion bans would mean taking time, effort, and resources away from the prosecution of the most serious crimes — conduct that truly impacts public safety.” On transgender healthcare: “Research has firmly established that access to gender-affirming healthcare not only reduces the risk of suicide in youth, it significantly reduces their lifetime risk of suicidal ideation.”
And yet both letters also contained language that made it clear the prosecutors believed that their political views were more important than the state laws they had sworn to uphold: “Our legislatures may decide to criminalize personal healthcare decisions, but we remain obligated to prosecute only those cases that serve the interests of justice and the people.”
The executive order in which DeSantis fired Warren made several good arguments you probably didn’t encounter in news coverage about his action. Chief among them was the point that a vow to categorically not enforce certain laws did not constitute “prosecutorial discretion” but rather “neglect of duty.” On that assertion, DeSantis was backed by clearly established legal precedent.
The Florida Supreme Court has ruled that a blanket policy of not prosecuting certain crimes is not prosecutorial discretion but, rather, a failure to exercise any discretion at all. In 2017, the court quoted an 1853 opinion that concluded that “exercising discretion demands an individualized determination” that must be based on the particular circumstances of a given case.
Warren’s blanket refusal to enforce certain laws — however much I agree with his political positions — thus constituted a violation of his official duties to faithfully enforce Florida’s criminal laws.
Alas, our governor is perhaps our country’s worst example of over-politicization. Everything DeSantis touches is political — education, gender, healthcare, law enforcement, science, and much, much more. But the point he made about Warren was important nonetheless.
The throughline from Andrew Warren to the lawlessness of Donald Trump is a short one. One day you’re vowing not to enforce laws related to cannabis, immigration, or the death penalty, and the next day you’re allowing the president to cash in on his office, or pardon his criminal associates, or thwart election laws, or incite insurrection.
If we can choose to ignore certain laws, so can they. And neither side is going to like where we ultimately wind up. If Andrew Warren decides to run again, I hope he considers that.
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BAY AREA
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Tampa developers could pay more in transportation impact fees. Tampa Bay Business Journal $
Japanese bank opens big office in Tampa, to employ up to 500 people. Tampa Bay Business Journal $
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Black is the new green: USF cap and gown redesign to take effect this fall. The Oracle
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Lightning salvage a point from tough opening road trip. Tampa Bay Times $
Blake High School is the temporary home for Tampa Bay's new women’s pro soccer team. WUSF
FLORIDA
DeSantis administration slow to implement patient safety culture surveys. Florida Politics
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Florida ranked as nation's most entrepreneurial state. Business Observer
Home insurance is so high in this Florida town, residents are leaving. The Wall Street Journal $
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'Missing in Florida Day' will offer free genealogical tests for families of missing persons. WUSF
VIDEO: Florida’s new school threat assessment system. Fox 13 News
POLITICS
Florida lawmakers seek new election security measure for ballot boxes. The Center Square
Florida Democrats question the state's role in rescuing Israel evacuees. WUSF
Israel split-screen: Feds fly citizens home for a price. DeSantis’ charters are free. Politico
DeSantis is going to have to find new big donors — fast. Politico
Casey DeSantis addresses Eddie Munster, Walmart Melania insults. Florida Politics
Ron DeSantis jokes about lack of Virgin Islands’ electoral representation. Florida Politics
COMMENTARY
On Israel, DeSantis acted while Trump just acted out. The Washington Post $
Florida schools are no place for this punitive, religious finance book. The Washington Post $
Public school is the place to teach the contention of democracy, not censor it. Florida Phoenix
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